In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New York employers to pay “manual workers” no less frequently than weekly. The decision, in Grant v. Global Aircraft Dispatch, Inc., rejected the reasoning and holding of the Appellate Division, First Department’s 2019 decision in Vega v CM & Assoc. Constr. Mgt., LLC, which determined that such a private right of action exists and permits a plaintiff to seek liquidated damages equal to the amount of the late-paid wages.
